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How to File a Boat Accident Claim
Boating can be thrilling and enjoyable, however should you not be careful, it could turn deadly. Boats must adhere to strict safety rules to avoid injuries.
If you've been injured in an accident on the water, you could be eligible for compensation for medical expenses and property damage. To increase your chances of success you should speak with a reputable New York boat accident attorney.
1. Gather Evidence
The most important thing you can do following an accident with a boat is to collect evidence and then contact an attorney. It is also essential to seek medical attention as soon as possible for any injuries that may have occurred. Medical records and other evidence are required to prove claims for damages, including future and current medical expenses as well as loss of income or earning potential, property damage, and non-economic damages like suffering and pain.
Photos and video footage are helpful in preserving evidence from the scene of an accident. Eyewitness testimony is yet another important element of evidence, since it can provide valuable details regarding the cause of a collision that might otherwise be overlooked. You can also use police and incident reports to create a time line.
A lawyer who is knowledgeable can analyze the evidence to identify the parties that could be liable for the victim's injuries or losses. A boating accident negligence claim typically involves multiple parties including the boat's driver as well as the manufacturer or owner of the watercraft.
A reputable attorney can handle all communication between insurance providers and victims involved in the claim for compensation of the victim. A lawyer can help victims to avoid saying anything that could be used against them in a court of law and can also aid victims in obtaining fair settlements for damages.
2. File a Report
If a boating accident happens the first thing to do is make sure that everyone involved is safe. Then, you must contact local law enforcement officials and fill out a report about the incident. According to the laws of the state and regulations, you could only be given 48 hours to file a report in case of death or serious injury that requires medical treatment beyond basic first aid. Additionally, you may be given ten days to file a report in the event of more than $2,000 in damage or the boat accident lawsuits is lost.
You should also stay at the site of the accident and assist other boats or people, if possible, without putting your own safety or that of the victims. This will let the law enforcement officer to note important details, such as how the accident occurred, who was aboard at the time of the crash, and what it caused.
Even well-trained and experienced boaters could be involved in an accident on the water due to someone else's negligence. An experienced attorney can help you identify the responsible party responsible for the damage and seek compensation. Medical expenses, property damage and financial losses are all recoverable damages. A lawsuit against the responsible party could also result into monetary compensation for your discomfort and pain and loss of quality of life, and emotional stress that is caused by the incident.
3. Check for damage
After medical professionals have evaluated the injuries of everyone, and they are all in a safe area It is essential to take a careful look at the damage that has been done to the boat. You should now start thinking about your insurance policy.
A surveyor will be assigned to your claim and will come out to examine the damage caused by the accident. He or she will evaluate the damage with the ones originally stated by you. They will then begin figuring out how much the damage could be worth.
Most boat accidents are the result of a mix of causes, Boat accidents and it is impossible to control all of them. However, if there was a defect by the manufacturer in the vessel it could be possible to file a product liability claim against the company who manufactured the boat.
In these situations it is imperative to have a lawyer who has experience in handling boating claims because they are able to create an air-tight case that proves that the manufacturer was accountable for the accident.
It is important to keep in mind that different types of boats are covered by insurance policies differently. For example homeowners insurance will usually only cover smaller boats with engines that is less than 50 HP. This means that jet skis, airboats as well as larger vessels will not be covered by homeowner's insurance.
4. Contact an attorney
When you are secured and have seen an medical professional for injuries, you must inform your insurance company. You will likely need to notify them even when no police report has been filed. It is important to be cautious with your information because insurance companies often attempt to assign blame for the accident. This could decrease the amount of compensation you receive. The NYC boating accident attorneys at Mirman, Markovits & Landau will fight hard to debunk these claims and limit the amount of blame attributable to you.
It is recommended to gather as the information you can on the other boat owners or operators involved in the incident. This includes their address, name as well as their phone number and insurance details. It is also helpful to have a copy the boating accident report that has been filed.
Boat accidents can be terrifying and may cause serious injuries. They can cause substantial medical expenses, lost wages and other damages. Those who are responsible are accountable for the harm they have caused you. The at-fault parties and insurance companies are not likely to provide the amount you are due Therefore, it is crucial to consult an experienced New York injury attorney as early as you can. This allows you to concentrate on gaining more and level the playing fields.
